IP and Legal Filings

JUNE 26, 2023

However, the extent of protection and applicable principles of trademark law that surround the numeral trademark takes center stage in the discussion. Additionally, various judgements by courts have provided no straight jurisprudence regarding protection of numeral trademarks. However, protection to numbers have differed.

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IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

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Trademark Registration Intellectual Property Intellectual Property Law 98

IP and Legal Filings

FEBRUARY 20, 2023

Thus, there is an unmistakable similarity between domain names and trademarks, which is why domain names have been granted trademark recognition and protection. Reliance is also a registered trademark, and as such, it is protected from trademark infringement.

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Trademark Registering Trademarks Registration Trademark Law 98

IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

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SpicyIP

JULY 28, 2023

But what seems like a probable ramification of the rebranding move is the trademark dispute that the organization is going to face due to this. many of the Trademark attorneys and reporters have questioned the move due to the similar trademarks held by close to a thousand applicants including tech giants like Microsoft and Meta.

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Likelihood of Confusion

OCTOBER 27, 2024

Originally posted 2011-11-08 08:32:23.

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Blogging Trademark Trademark Law Law 52

IPilogue

AUGUST 2, 2021

European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. . Candidate at University of British Columbia. .

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Trademark Registration Trademark Law Intellectual Property 59

SpicyIP

MARCH 25, 2025

In this case, Tata Trust had two main allegations: first, that the defendant was using the Tata trademark, and second, that his image and name were being misused to hold an event titled THE RATAN TATA NATIONAL ICON AWARD 2024 by a journalist. 2011), which imported the well-known trademark principle to protect well-known names as well.

Personality Rights 59

Personality Rights Trademark Business Trademark Law 59

IPilogue

AUGUST 4, 2022

That marked the first time that the Court invalidated a trademark for reasons of bad faith per s. 18(1)(e) of the Trademarks Act (TMA). Judian opened locations specifically in metro Vancouver for the large Chinese Canadian population in this area who would recognize the Beijing Judian trademarks. v Wei Meng.

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Technology & Marketing Law Blog

OCTOBER 9, 2024

Whatever legal ambiguity might have existed then has been decisively resolved, at least with respect to competitive keyword ads that don’t use the trademark in the ad copy. Courts almost never found trademark infringement in those cases, but it was only in the last decade that we started to get opinions saying this bluntly and clearly.

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IP and Legal Filings

FEBRUARY 20, 2022

Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Under trademark law, however, phrases are frequently deemed not to disclose the commercial origin of products or services, which is a trademark’s primary role. 2017/1001 and thus can be registered as a trademark.

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Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. Aliign sued lululemon for trademark infringement. Want to Engage in Anti-Competitive Trademark Bullying? Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

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IP and Legal Filings

AUGUST 4, 2023

To prevent the undue usage of their goodwill and branding celebrities used to get their names registered under the trademark act. The term ‘Celebrity’ is not defined in the Intellectual Property Law in India; however, the Indian Copyright Act defines the term “performer” which is a wider expression and may include the word “Celebrity”.

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Trademark Registration Branding Brands 52

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3]

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Registration Trademark Trademark Law Law 98

SpicyIP

MARCH 8, 2023

This results in common claims of ‘disparagement’ in trademark law. Previously, trademark cases have been entertained in situations where disclaimers/ warnings have been given along with products. Furthermore, it was held that there was no infringement of trademark under section 29 of the Trademarks Act (‘the Act’).

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Advertising Advertising Trademark Intellectual Property Law 104

Technology & Marketing Law Blog

AUGUST 30, 2023

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed. ” Actual confused. “Undetermined.” Not relevant.

Advertising 98

Advertising Advertising False Advertising Trademark 98

Likelihood of Confusion

AUGUST 15, 2024

Originally posted 2011-06-07 11:23:48. Republished by Blog Post PromoterAn interesting development on the search-engine trademark infringement beat: In a weird development that looked impossible two years back, search engine giant Google Inc.

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Blogging Trademark Trademark Law Advertising 52

IPilogue

JANUARY 14, 2022

Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011. This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Trademark Law.

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IP and Legal Filings

OCTOBER 31, 2023

However, using a generic term as a trademark is a tricky play, SUN is a good example of an arbitrary trademark reason being as it is used for computer products and its extensive use has acquired distinctiveness. Indian Trademarks Act of 1999 prohibits the registration of generic trademarks under section 9(1).

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Trademark Trademark Law Registration Fair Use 59

SpicyIP

MAY 30, 2024

from seeking rectification of FCB Garment Tex’s “IVANS” trademark. Inter alia, Vans Inc backed its arguments for rectification with its recent recognition as a well known trademark. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. Her previous posts can be found here.

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LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). Every sound trademark seems not only to signify something but to raise a question or two as well. Hence, the title of this piece and the discussion below.

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Trademark Registration Music Intellectual Property 52

SpicyIP

AUGUST 26, 2024

Neela Film”), issued an ex-parte ad-interim injunction against the defendants, including websites, e-commerce platforms, YouTube channels and ‘John Doe’ parties, restraining them from infringing the copyright and trademark of the makers of the popular Hindi television sitcom “Taarak Mehta Ka Oolta Chashma” (“TMKOC”). Rajat Nagi & Ors.

Personality Rights 111

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The IP Law Blog

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. The European Union recognized the PDO in 2011 in an agreement between the European Union and Switzerland in 2011.

Designs 52

Designs Design Trademark Branding 52

Likelihood of Confusion

SEPTEMBER 5, 2021

Originally posted 2011-02-28 11:31:03. Wordlab has the latest on the surf wars. Republished by Blog Post Promoter. The post All wet appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 52

Blogging Trademark Law Trademark Law 52

Likelihood of Confusion

APRIL 8, 2023

Originally posted 2011-10-31 23:13:26. The Kinderstart lawsuit over Google search engine placement has been dismissed, with leave granted to amend. Republished by Blog Post Promoter The post Kinder-finished appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 52

Blogging Fair Use Trademark Law Law 52

Greenspoon Marder LLP

JANUARY 12, 2017

Designer Tara Martin launched the “My Other Bag” handbag line in 2011. In 2014, Louis Vuitton sued My Other Bag for, among other claims, copyright and trademark infringement. Additionally, ten respected law professors filed an amicus brief warning that an overreach of trademark law would pose serious risks for creative expression.

Intellectual Property 52

Intellectual Property Designs Design Branding 52

Technology & Marketing Law Blog

JANUARY 24, 2024

Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. Monaghan Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v. Sims Creating Parody Social Media Accounts Doesn’t Violate Computer Fraud & Abuse Act – Matot v. Kravitz An Update on PhoneDog v.

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SpicyIP

DECEMBER 12, 2023

The statutory threshold for proving trademark dilution is pegged higher when compared to trademark infringement and passing off. There have been plenty of studies in the United States of America where the psychological impact of confusion in trademarks have been studied. The Trademark Reporter, Vol.

Trademark 59

Trademark Branding Brands Branding 59

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. commerce, meaning that profits lost to trademark infringers abroad cannot be recovered in U.S.

Trademark 52

Trademark Marketing Marketing Contracts 52

SpicyIP

NOVEMBER 8, 2023

They included stories of the Patent Agent examination, the Indian Innovation Act, the opening of the Trademark database, the presumption of patent validity, and the South Asian Basmati fights and more. This raised a question did the registrar of Trade Marks have the jurisdiction to revoke the ‘MANJAL’ trademark?, But this is not all!

Trademark 59

Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

MARCH 7, 2022

b)(4)(i)(A) (2011). Note, however, that EH101 was not one of the confined designs, so that it was made available to the public in January 2011.). 574 (2011). The same language is now found, with only minor changes, at 37 C.F.R. b)(4) (2021).] 3d at 1196. 3d at 1196. 3d at 1198. 110-617 , at 23 (2008) (emphasis added).

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Registration Blogging Copyright Designs 98

LexBlog IP

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. The European Union recognized the PDO in 2011 in an agreement between the European Union and Switzerland in 2011.

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Designs Design Branding Brands 40

The IP Law Blog

SEPTEMBER 22, 2022

The district court granted the motion, ruling that P&P had failed to produce evidence “of secondary meaning” because it failed to show that consumers would associate its trade dress specifically with P&P, relying on a 2011 Ninth Circuit case, Fleischer Studios, Inc. P&P appealed the summary judgment ruling to the Ninth Circuit.

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Copying Marketing Marketing Advertising 98

IP and Legal Filings

MAY 23, 2023

Image Sources : Shutterstock] Legal rights in domain names can be derived from these sources: registration of the name as a trademark ; prolonged use of the name for trading; or the biological name of a person. the owner of the well-known trademark “Yahoo!” 4] (2011) 181 DLT 716. Akash Arora and Ors. [1] The plaintiff, Yahoo!,

Business 52

Business IP Registration Trademark 52

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

But trademark plaintiffs and judges are still partying like it’s 1999. The plaintiff is Seeking Arrangements, one of my favorite websites to base my Internet Law exams on. The court starts its trademark analysis nostalgically: “Turn back the clock to the Internet’s nascent age—1999.” Yes, it’s 2021.

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The IP Law Blog

MARCH 2, 2021

Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners— Romag Fasteners, Inc. Considering the importance of Chinese manufacturing to global trade, the Chinese legal system and its evolving trademark enforcement system will likely cause companies to get creative. Fossil, Inc.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

Likelihood of Confusion

DECEMBER 29, 2024

Originally posted 2011-12-07 18:16:59. Republished by Blog Post PromoterDiscussing trademark law blogging with a colleague last night, I was asked whether I’d written anything about the EAT MORE KALE story.

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Trademark Blogging Trademark Law Business 98